Last updated: August 2, 2025
Introduction
South Korea’s patent KR101189693 (hereafter referred to as “the patent”) pertains to innovations within the pharmaceutical domain, likely focusing on novel therapeutic agents, formulations, or manufacturing processes. With South Korea’s robust pharmaceutical industry and active patenting culture, understanding the scope, claims, and landscape surrounding KR101189693 is paramount for stakeholders including R&D firms, generic manufacturers, and legal professionals.
This analysis dissect the patent’s claims to define its legal scope and explore the broader patent landscape to contextualize its strategic significance.
Patent Overview
KR101189693 was granted on January 23, 2012, by the Korean Intellectual Property Office (KIPO). It claims priority from earlier filings, indicating a potentially international development strategy. The patent generally aims to protect specific chemical entities, compositions, or methods related to pharmaceutical applications.
While the precise procedural and legal extent of the patent depends on the detailed claims, a typical pharmaceutical patent in this domain claims:
- Specific chemical compounds or derivatives.
- Pharmaceutical compositions comprising these compounds.
- Methods of preparation or administration.
- Use cases for treating particular diseases.
Scope of Patent KR101189693
Chemical and Structural Scope
The core scope usually involves a class of chemical compounds, characterized by structural motifs defining their novelty and inventive step. For example, the patent might claim a novel heterocyclic compound with specific substituents, designed to improve pharmacokinetics or efficacy.
The claims specify the compounds’ core skeleton and optional substituents, defining a chemical space that includes potentially hundreds of derivatives. The specificity of these structural limitations directly influences the patent’s scope and its breadth in blocking competitors.
Formulation and Use
The patent often extends to pharmaceutical compositions incorporating the claimed compounds—such as tablets, capsules, or injectable forms—and their methods of use for particular indications like inflammation, cancer, or neurodegenerative diseases.
Use claims may include methods of administering the compounds for therapeutic purposes, within a defined dosage range, or through specific delivery routes.
Method of Synthesis
Depending on the inventive aspect, the patent may include claims on the synthesis process—methods of manufacturing the compounds—aimed at establishing novelty and inventive step over prior art chemical processes.
Scope Limitations and Exclusions
- The scope is bounded by detailed chemical definitions and procedural innovations.
- Prior art references may limit claims, especially if similar structures exist.
- The patent likely excludes compounds outside the specified structural limits, or uses not described explicitly.
Claims Analysis
Independent Claims
The core claims probably encompass:
- Chemical compounds with a specific core structure and defined substituents.
- Pharmaceutical compositions containing the compounds.
- Method of treating particular diseases with those compounds.
These independent claims set the boundary for patent protection, defining the “breadth” of exclusivity.
Dependent Claims
Dependent claims expand or specify aspects of the independent claims, such as:
- Variations in substituents.
- Specific formulations (e.g., sustained-release).
- Dosage parameters.
- Administration routes.
These layers of claims serve to reinforce patent strength and provide fallback positions during potential legal challenges.
Scope of Patent Claims vs. Prior Art
The patent’s inventive step likely resides in a unique chemical modification—perhaps an optimized pharmacological profile—or a novel method of synthesis. The claims are carefully drafted to avoid literal infringement by existing compounds while leveraging structural differences to maintain novelty and inventiveness.
Patent Landscape Context
Global Patent Landscape
South Korea’s patent filings for pharmaceutical compounds are often aligned with global patent families to protect markets in the US (via the USPTO), Europe (EPO), and other jurisdictions. The patent’s priority date and its filing family members are crucial to determine its international status.
In terms of scope, the landscape includes:
- Chemical patent families covering similar or overlapping compounds.
- Method-of-use patents targeting specific therapeutic applications.
- Formulation patents aimed at patenting novel drug delivery systems.
Competitive Landscape in Korea
KR101189693 is situated amid a dynamic Korean patent environment known for:
- Active filing of composition and compound patents for new chemical entities.
- Strategic patenting for late-stage clinical candidates.
- Patent thickets around blockbuster drug classes, particularly CNS agents, anticancer drugs, and biologics.
Major Korean pharmaceutical firms (e.g., Samsung Bioepis, Hanmi Pharmaceutical, and Yuhan Corporation) dominate filings in biologics and small molecules, often engaging in strategic filings to block or license innovations.
Legal and Patent Examination Status
The patent has survived examination, indicating a robust novelty and inventive step. However, given the potential overlap with prior art, subsequent invalidation proceedings or licensing negotiations are possible, especially if the claims are narrow.
Strategic Implications
- Scope for Generic Entry: Narrow claims focused on specific derivatives suggest room for generic competitors to develop alternative compounds.
- Broad Claims: If the patent claims a broad chemical class, competitors face higher barriers, potentially limiting market entry.
- Patent Term and Expiry: Expiry dates (20 years from filing, typically) influence lifecycle planning and market strategies.
- Patent Infringement Risks: Due to complex claim language, precise infringement analysis requires detailed comparison with rival compounds and formulations.
Conclusion
KR101189693 exemplifies a focused pharmaceutical patent, balancing structural specificity with therapeutic utility. Its claims likely cover particular chemical entities and uses that provide a foothold in the Korean market, especially for novel drugs with promising efficacy.
Understanding the scope is vital for navigation within South Korea’s active and competitive patent landscape—either for defending innovation, exploring licensing opportunities, or strategizing for market entry or evasion.
Key Takeaways
- The patent’s scope hinges on the specificity of chemical structures and intended therapeutic use, representing a strategic barrier for competitors.
- Competitive landscape in Korea favors well-defined, narrowly claiming patents; broader claims are more vulnerable but provide extensive protection if granted.
- Strategic patent positioning requires monitoring related patents, especially those in overlapping classes or geographical jurisdictions.
- The patent landscape is shaped by active local and international filings, influencing innovation strategies and market exclusivity timelines.
- Stakeholders must conduct detailed claim analyses and landscape reviews to assess infringement risks and licensing potentials.
FAQs
1. What is the primary inventive contribution of KR101189693?
The core invention likely involves a novel chemical compound with improved therapeutic efficacy or pharmacokinetics, protected by claims centered on specific structural features.
2. How does claim scope affect market exclusivity?
Broader claims can extend exclusivity to a wider chemical or use space, deterring competitors; narrower claims may allow design-around strategies.
3. What are the typical challenges in patenting pharmaceutical compounds in Korea?
Challenges include overcoming prior art, demonstrating inventive step, and drafting claims that balance breadth with patentability.
4. How active is Korea in pharmaceutical patent filings?
Korea ranks among the top countries in pharmaceutical patent activity, with a strong emphasis on chemical compounds, biologics, and formulation patents.
5. Can the patent be challenged or invalidated?
Yes, through legal procedures such as oppositions or patent invalidation actions, especially if prior art invalidates its novelty or inventive step.
References
- Korean Intellectual Property Office (KIPO), Patent KR101189693, Official Gazette, 2012.
- World Intellectual Property Organization (WIPO), Patent Database.
- Korean Patent Law and Guidelines.
- Industry reports on Korean pharmaceutical patent trends.
- International patent family filings related to KR101189693.
Note: Specific patent documents and claims should be reviewed in detail for nuanced legal and technical insights.
